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Sec. 70-71. - Permit for installation—Required.#
No wire to be used for conducting currents of electricity shall be placed in, over or under any street, square, lane or highway in the city without permission of the council or until the person placing or maintaining the same shall have filed with the city clerk a written agreement accepting and promising to abide by and perform all the conditions and provisions of this article.
(Code 1971, § 19-64)
Sec. 70-72. - Same—Application.#
Every application to the council for permission to place and maintain poles and electric wires in, over or under any highway shall state the intended location of such wires and poles and the purpose for which such wires are to be used and shall be accompanied by a plat showing the location of such wires and poles.
(Code 1971, § 19-65)
Sec. 70-73. - Same—Revocation; right of city to remove facilities.#
Permission given by the council to erect or maintain such poles or wires may be revoked in whole or in part at any time, and any of such poles or wires may be removed by the city or its officers, agents or servants from time to time or at any time without notice.
(Code 1971, § 19-66)
Sec. 70-74. - Location of wires.#
All wires when placed above the surface of the ground shall be located upon such portion of the highway and suspended from such supports and attachments as shall be approved by the council or a committee thereof. Wires conducting currents for electric lighting and for the transmission of power and wires conducting telegraphic, telephonic and other low-tension current, when such wires run parallel with each other, shall not be located on the same side of any highway.
(Code 1971, § 19-67)
Sec. 70-75. - Use of poles by other persons or city.#
All persons maintaining wires within the city for conducting electric current for lighting, heating or motive power shall permit any other person to suspend from such poles, wires for conducting currents for lighting, heating or motive power, and also to place lamps on any poles, whenever the council shall so direct and upon such reasonable conditions, terms and remuneration as the council may approve or prescribe. The city may place, without charge to the city, signal circuits and signal supply circuits, belonging to the city and used exclusively for municipal purposes, at suitable points on any or all of such poles.
(Code 1971, § 19-68)
Sec. 70-76. - Reservation of space in underground conduits for use by city.#
In every excavation made or caused to be made in a public way by any person for the purpose of installing a buried cable or conduit, a three-inch duct or conduit, properly installed, shall be laid and installed by such person within which sufficient space shall be reserved for the use of the city. Such ducts or conduits shall be maintained without charge to the city for the use of signal circuits and signal supply circuits of the city and shall be used by said city exclusively for municipal purposes, and the city shall be permitted access to such conduits whenever necessary for the purpose of placing, maintaining, repairing, adjusting, or removing its wires, cables, or other fixtures or equipment. The city may waive the inclusion of a conduit or duct in any specified trench.
(Code 1971, § 19-69)
Sec. 70-77. - Indemnification of city.#
Every person erecting, maintaining or using poles or wires shall indemnify and save harmless the city and its officers, agents and servants from and against all lawful claims and demands for injuries to persons or property occasioned by the existence of such poles or wires or the transmission of electric currents by means thereof.
(Code 1971, § 19-70)
Sec. 70-78. - Removal of utility poles no longer in service.#
Any utility pole erected pursuant to this article or by any state agency regulation, upon, adjacent to or in any city owned or maintained highway, including the roadway, sidewalk, curbing, median or buffer thereof, which is no longer in use for its intended purposes, or which has been replaced by a new pole, shall be removed by the utility company which has ownership or control of the pole which is no longer in service, or, in the case of a replacement pole, by the utility company which has caused its replacement within ten days of its termination of service, or of its replacement, as the case may be. Any utility or entity other than the utility or entity having ownership or control of the pole, which has wires or other appurtenances attached to the pole no longer being utilized shall remove said wires and/or appurtenances within the same ten-day period.
Any violation of this section shall be punishable by a fine of $500.00. Each day in which the violation occurs shall constitute a separate offense.
(Ord. No. O-05-31, § I, 10-18-05; Ord. No. O-07-20, § I, 8-20-07)